Bill Text: NY S00305 | 2025-2026 | General Assembly | Introduced


Bill Title: Clarifies that workers who are temporarily partially disabled are entitled to payment of benefits at a reduced rate unless their separation from employment is unrelated to the compensable injury.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-08 - REFERRED TO LABOR [S00305 Detail]

Download: New_York-2025-S00305-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           305

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor

        AN ACT to amend the workers' compensation law, in relation to establish-
          ing statutory guidelines for return to work by  temporarily  partially
          disabled workers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 5 of section 15 of  the  workers'  compensation
     2  law,  as  amended by chapter 161 of the laws of 1966, is amended to read
     3  as follows:
     4    5. Temporary partial disability. In case of temporary partial disabil-
     5  ity resulting in decrease of earning capacity, the compensation shall be
     6  two-thirds of the difference  between  the  injured  employee's  average
     7  weekly  wages before the accident and [his] such injured employee's wage
     8  earning capacity after the accident in the  same  or  other  employment.
     9  Compensation  under this subdivision shall be payable during the contin-
    10  uance of such temporary partial disability, without  the  necessity  for
    11  the  injured  employee  to  demonstrate  ongoing attachment to the labor
    12  market, unless the board finds that the  injured  employee's  separation
    13  from employment is wholly unrelated to their compensable injury.
    14    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01206-01-5
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